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Home My WebLink Aboutcoa.pz.gmc.min.022900GROWTH MANAGEMENT COMMISSION FEBRUARY 29, 2000 DISCLOSURE OF CONFLICTS OF INTEREST ................................................................................................... 1 EXPLORE BOOKSELLER GMQS EXEMPTION FROM COMPETITION SCORING FOR A HISTORIC LANDMARK .................................................................................................................................................... ~ .......... 1 104 WEST COOPER STREET - CHANGE IN USE ......................... ; .................................................................... 3 4 GROWTH MANAGEMENT COMMISSION FEBRUARY 29~ 2000 Bob Blaich opened the special Growth Management Commission meeting with Roger Hunt, Tim Mooney, Ron Erickson, Peter Martin, Steve Whipple, Sheri Sanzone and Peter Thomas present. Staff present: David Ho&er, Assistant City Attorney; Joyce Ohlson, Chris Bendon, Nick Lelack, Sarah Oates, Community Development; Jackie Lothian, Deputy City Clerk. DISCLOSURE OF CONFLICTS OF INTEREST None. PUBLIC HEARING: EXPLORE BOOKSELLER GMQS ExEMpTION FROM COMPETITION SCORING FOR A HISTORIC ~NDMARK Bob Blaich opened the public hearing for Explore Booksellers GMQS exemption. The notice was provided. Nick Lelack explained that the application was to expand the net leasable square footage by about 440 square feet, which would increase the FAR 0.85 to 1. The second issue was to provide affordable housing mitigation of cash-in-lieu since the site could not accommodate it. There was a code amendment that would allow the opporttmity to provide cash-in-lieu mitigation. Ron Erickson asked if there were procedural parameters to follow. Alan Richman responded that there was a specific formula and he asked the commission to use their logic and not the formula. Peter Martin asked what decisions were reached in the P&Z portion of the heating. Blaich replied that one was square footage and the other employee generation based upon operation. Blaich said the applicant stated that there was no additional employee generation and P&Z requested verification for the City Council heating. Blaich noted that the assistant city attorney stated that P&Z could not determine the mitigation fees, City Council would determine those fees or if the fees should be charged at all. Richman stated the representation made in the P&Z meeting was that there would not be an increase in seating, therefore there would not be an increase in employees. Richman stated that the section of the land use code that gave council the authority to waive those fees was repealed last year when the code was re-codified. Richman said it was no longer part of the land use code and they were being asked to comply with the section that was not included in land use code by some quirk. Roger Hm~t explained the determination. Blaich stated the members of the public that were present were in support of the expansion of 440 square feet. 1 GROWTH MANAGEMENT COMMISSION .. FEBRUARY 29~ 2000 Richman stated that there was a lot more to community than providing employee housing and Explore was a very important part of this community. He said it was not to grow but to enhance the bookstore and dining experience. Blaich noted that the food service will have to be in designated areas, Ron Erickson stated that the intentions of the current applicant were good but asked if the conditional use would be with the building forever or would it change with a change of ownership. Joyce Ohlson replied that the conditional use stayed with the property. Peter Martin summarized the 3 issues: <-- shall the growth management exemption be granted, ? shall there be a cash-in-lieu payment or --> shall the cash-in-lieu payment be waived. Blaich responded that they could not waive the cash-in-lieu but could recommend. MOTION: Roger Hunt moved to adopt Resolution #02-2000gmc for the Explore Booksellers and Bistro for a Growth Management Quota System (GMQS) exemption for an historic landmark to increase the net leasable square footage by 440 square feet, and to increase the floor area ratio to 0.85:1, by enclosing a deck on the second floor, located at 221 East Main Street with the conditions of approval: 1. Unless otherwise herein amended, all prior conditions of approval contained in City Council Ordinance 61, 1976 and Planning and Zoning Resolution 89-23 remain in full force and effect. 2. The City of Aspen Land Use Code is amended to allow City Council to approve the method of mitigation for the provision of affordable housing after considering a recommendation from the Growth Management Commission. 3. The Historic Preservation Commission approves the final plan, including making the determination that locating the affordable housing on site would not be compatible with the design, scale, massing, or volume of the historic landmark structure. 4. The Aspen City Council shall approve the amount of cash-inqieu to be paid for affordable housing mitigation, if any. Peter Martin second. Roll cai vote: Sanzone, yes; Erickson, yes; Martin, yes; Mooney, yes; Thomas, yes; Whipple, yes; Hunt, yes; Blaich, yes. APPROVED 8-0. Sheri Sanzone asked if there would have to be any mitigation and if not where would it be put. Martin responded that he would like to propose a second motion on waiving or not waiving the fees. Hunt asked that the motion include that no new employees will be generated. Steve Whipple agreed with Roger. 2 GROWTH MANAGEMENT COMMISSION FEBRUARY 29, 2000 MOTION: Peter Martin moved that GMC recommend City Council waive the hOusing mitigatiOn in connection with the Explore Booksellers GMQS Exemption application based upon the representation that there were no additional employees. Sheri Sanzone second. Roll call vote: Thomas, yes; Mooney, no; Blaich, yes; Hunt, yes; Erickson, no; Martin, yes; Sanzone, yes; Whipple, yes. APPROVED 6-2. PUBLIC HEARING: 104 WEST COOPER STREET - CHANGE IN USE Bob Blaich opened the public hearing for the change in use at 104 West Cooper. Sarah Oates presented the notice and affidavit. Oates introduced John Muir, representative for Terry Hale the applicant. She said that all the units except Unit #3 were residential condosl Unit #3 was ½ residential and the other ½ was Terry's dentist office. The request was to convert the office ½ into residential, which would make the unit a 2 bedroom, one bedroom utilized as a home office. The lot size did not allow for another bedroom Go be added to the building in the current size. John Muir illustrated on a blueline the revisions to the unit. There would not be any employees generated by this change in use. The dentist office was closed. Sheri Sanzone asked if there was concern for the home-office used as a bedroom. Oates replied that staff was not concerned because it was being legally converted from a non-conforming use. Blaich said that there was no way to know if this home-office was in actuality utilized as a bedroom. Ron Erickson stated that an extra parking space Could be requested. Oates responded that the parking was actually decreased because there were no employees. Steve Whipple stated that the determining factor was that if the bathroom was connected to the bedroom then the room was considered a bedroom. MOTION: Roger Hunt moved to approve Resolution #00-03gmc the Aspen West Condominium Unit #3 change in Use to residential with conditions. Ron Erickson second. Roll call vote: Sanzone, no; Hunt, yes; Mooney, yes; Martin, yes; Erickson, yes; Whipple, yes; Thomas, no; Blaich, no. APPROVED 5-3. The.GMC adjo~urned ~ 6:20 p.m. The Aspen P&Z reconvened. ~ckie Lothian, Deputy City Clerk 3